ORIENTAL INSURANCE CO LTD Vs. JIMMY
HIGH COURT OF KERALA
ORIENTAL INSURANCE CO. LTD
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Abdul Gafoor, J. -
(1.) This appeal is filed by the insurer against the order of the Commissioner for Workmen s Compensation, Thrissur in W.C.C.No.333 of 2000.
(2.) A person employed as a driver sustained injuries during the course of his employment. He filed a claim petition under Section 22 of the Workmen s Compensation Act, 1923 (hereinafter referred to as the Act ) which was allowed. The contention of the insurer in this appeal under Section 30 of the Act is that the workman did not have a valid driving licence at the time of the accident and that the Commissioner had taken the loss of earning capacity as 70% in spite of the fact that the disability certified by the doctor was only 25%.
(3.) The employer and employee relationship cannot be disputed by the appellant. The accident also is not disputed. In such circumstances, whether the workman did have a proper licence or not, whether he is a Wireman, a Boiler Operator or Driver as the case may be, is not a matter for the concern of the insurer. When the insurer had undertaken the liability that had fallen upon the insured, necessarily the insurer has to discharge that burden. If there is violation of the policy conditions, the insurer can seek appropriate remedy.;
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